Common use of Competitive Contracting Process Clause in Contracts

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois involved in making recommendations or decisions for LAUSD. Cone of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Notice Protest Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to of Contract be Approved * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. Schematic of LAUSD’s Competitive Contracting Process (Illustrative Only) Cone of Silence 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Solicitation Announcement Solicitatio Solicitat Pre- Proposa n Release Pre-proposal Conference Proposal Due Date Evaluation Negotiatio of Proposals Negotiations Notice of Intent to Award Protest Public Board n ion proposal l Due of ns of Review* Public Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to be Approved Board Approval or Ratification of Contract be Approved Contracting Process * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. Schematic of LAUSD’s Competitive Contracting Process (Illustrative Only) Cone of Silence 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Solicitatio Solicitat n Announce ment Solicita tion Release Pre- Proposa Evaluation Negotiatio proposal Conferen ce Propos al Due Date Evaluati on of Proposal s Negotiati ons Notice of Intent to Award Protest Revie w* Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to be Approve d Board Approva l or Ratificat ion of Contract be Approved Contracting Process * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. Schematic of LAUSD’s Competitive Contracting Process (Illustrative Only) Cone of Silence 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Solicitation Announcement Solicitatio Solicitat Pre- Proposa n Release Pre-proposal Conference Proposal Due Date Evaluation Negotiatio of Proposals Negotiations Notice of Intent to Award Protest Public Board n ion proposal l Due of ns of Review* Public Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to be Approved Board Approval or Ratification of Contract be Approved Contracting Process * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. 1. Cone Solicitation Announcement 2. Solicitation Release 3. Pre-proposal Conference 4. Proposal Due Date 5. Evaluation of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Proposals 6. Negotiations 7. Notice of Intent to Award 8. Protest Review* 9. Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to be Approved 10. Board Approval or Ratification of Contract be Approved * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois involved in making recommendations or decisions for LAUSD. Cone of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Notice Protest Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to of Contract be Approved Lobbying in this period may require registration and disclosure in LAUSD’s Lobbying Disclosure Program, if the triggers are met. * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. Cone Solicitation Solicitation Pre-proposal Proposal Evaluation Negotiations Notice of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Notice Protest Public Board n ion proposal l Due of ns of Review* Posting of Board Approval Announc Releas Conferenc Announcement Release Conference Due Date of Proposals Intent to Award Review* Board or ement e e Award Report on Ratification Contract to be Approved or Ratification of Contract be Approved * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. Cone of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Notice Protest Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to of Contract be Approved * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a initiatinga contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).

Competitive Contracting Process. To ensure a level playing field with an open and uniform competitive contracting process, Contractors and their Representatives must maintain a Cone of Silence from the time when an Invitation for Bid (IFB), Request for Proposal (RFP), Request for Interest and Bid (RFIB), Request for Quote, Request for Qualification, or any other solicitation release is announced until the time a contract award recommendation is made public by the Board Secretariat’s posting of the board report for the contract to be approved. During the time under the Cone of Silence, Contractors and their Representatives are prohibited from making any contact on any part of a proposal, negotiation or contract with any LAUSD official as this could appear to appearto be an attempt to xxxxx favor or influence. An “LAUSD official” is broadly defined to include “any board member, employee, consultant or advisory member of LAUSD” whois who is involved in making recommendations or decisions for LAUSD. DocuSign Envelope ID: 33BDC814-DD2E-44A3-A006-4BC8C9F8E805 Cone of Silence Solicitatio Solicitat Pre- Proposa Evaluation Negotiatio Notice Protest Public Board n ion proposal l Due of ns of Review* Posting of Approval Announc Releas Conferenc Date Proposals Intent to Board or ement e e Award Report on Ratification Contract to of Contract be Approved * Note: Protests can sometimes extend past the contract approval process (a) Prohibited Communication – Examples of prohibited communication by Contractors and their Representatives under the Cone of Silence include, but are not limited to: (i) contact of LAUSD Officials, including members of the department initiating a initiatinga contract, or members who will serve on an evaluation team for any contract information that is not uniformly available to all other bidders, proposers or contractors; (ii) contact of LAUSD Officials, including Board Members and their staff, to lobby on lobbyon any aspect relating to a contract matter under consideration, negotiation, protest or dispute; (iii) contact of LAUSD Officials in the particular department requesting a competitive contract to discuss other business or partnershipopportunitiespartnership opportunities. (b) Exceptions – The following are exceptions to the Cone of Silence: (i) open and uniform communications which are made as part of the procurement process such as the pre-bid or pre-proposal meetings or other exchanges of information which are given to all proposers; (ii) interviews or presentations to evaluation committee members which are partof the procurement process; (iii) clarification requests made in writing, under the terms expressly allowed for in an LAUSD contracting document, to the appropriate designated contractofficial(s); (iv) negotiations with XXXXX’s designated negotiation team members; (v) protests which follow the process outlined by XXXXX’s protest policies and procedures; and (vi) requests for technical assistance approved by LAUSD contract officials (for example questions relating to LAUSD’s Small Business Enterprise Program, or requests for formal guidance on ethics matters from the EthicsOffice).